Lamaster v. Scofield & Cowperthwait
Nebraska Supreme Court
Error from the district court of Otoe county. It was an action upon an account, a copy of which annexed to the petition, contains one hundred and thirty items, under one hundred and twelve different dates, from November, 1866, to December 31, 1872, and amounting to $10,960.65; and has twenty-six different credits, amounting to $8,332.26. The sections of the civil code providing for the reference of causes are as follows: Sec. 298. All or any of the issues in the action,…
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Error from the district court of Otoe county. It was an action upon an account, a copy of which annexed to the petition, contains one hundred and thirty items, under one hundred and twelve different dates, from November, 1866, to December 31, 1872, and amounting to $10,960.65; and has twenty-six different credits, amounting to $8,332.26. The sections of the civil code providing for the reference of causes are as follows: Sec. 298. All or any of the issues in the action, whether of fact or law, or both, may be referred, upon the written consent of the parties, or upon their oral consent in…
1Opinion of the Court
Maxwell^ J.
This action was brought by Eindley against Lamaster for work, labor and services performed by him for the defendant, and for money loaned and advanced at his instance and request. The plaintiff claims abalance due him of $2,628.19. Lamaster in his answer to the petition claims a balance due him of the sum of $4,620.08. Findley in his reply denies all the facts stated in the answer.
At the September term, A. D. 1874, of the district court the following order was made in the cause:
“And now on this day this cause came on for hearing, and it was ordered by the court that G-. ~W. Oovell…
2Cases cited3 opinions
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- Mills v. MillerNebraska Supreme Court · 1873
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- Logan v. BrownSupreme Court of Oklahoma · 1908
- Kuhl v. Pierce CountyNebraska Supreme Court · 1895
- Schmidt v. HendersonNebraska Supreme Court · 1947
- Yager v. Exchange National BankNebraska Supreme Court · 1897
- Dohle v. Omaha Foundry & Machine Co.Nebraska Supreme Court · 1884
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